Opinion
Opinion By: Andy Beshear,Attorney General;Sarah Ellen Eads Adkins,Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether Eastern Kentucky Correctional Complex (EKCC) violated the Open Records Act when it refused to provide a copy of,"the price of the cost for (1) one mattress" upon request of inmate Anthony Robinson. For the reasons stated below, this office finds that EKCC properly denied the request pursuant to KRS 197.025(2).
On May 7, 2019, Appellant requested that BCC provide him with a copy of "the price of the cost for (1) one mattress" and asked "how much would I be charge[d] for the re-placement [sic] of that mattress. " EKCC timely responded on May 10, 2019, denying Appellant's request because the record he requested does not contain a specific reference to Appellant. This appeal followed.
KRS 197.025(2) provides in pertinent part that DOC "shall not be required to comply with a request for any record from an inmate confined in a jail or any facility or any individual on active supervision under the jurisdiction of [DOC], unless the request is for a record which contains a specific reference to that individual ." (Emphasis added). KRS 197.025(2) is incorporated into the Open Records Act by operation of KRS 61.878(1).
The Justice and Public Safety Cabinet responded to this appeal and confirmed that the requested records contain no reference to Appellant and Appellant does not claim that the requested records contain specific information pertaining to him. EKCC is not required to provide Appellant with copies of records which contain no inmate-specific information pursuant to KRS 197.025(2). Accordingly, EKCC did not violate the Open Records Act by denying Appellant's request.
Finally, Appellant asks three questions of this office unrelated to his open records appeal. These issues may not be answered or adjudicated in an open records appeal, as this office may only determine whether EKCC complied with the Open Records Act. 99-ORD-121; KRS 61.880.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.